TMEP 1504.01: Jurisdiction of Examining Attorney

October 2017 Edition of the TMEP

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1504.01    Jurisdiction of Examining Attorney

As a general rule, until publication of the mark in the Official Gazette, the examining attorney has jurisdiction over the application and can issue a refusal or a requirement without the approval of the Director.  See TMEP §1504.03 regarding action by the examining attorney after publication.

In addition, for applications under §1(b) of the Act, 15 U.S.C. §1051(b), the examining attorney has jurisdiction after issuance of the notice of allowance under §13(b) of the Trademark Act, 15 U.S.C. §1063(b). 37 C.F.R. §2.84(a).  See TMEP §1107 regarding amendment of a §1(b) application during the period between issuance of a notice of allowance and filing of a statement of use.

There is a time period during which an examining attorney cannot issue an action in an application because the USPTO is unable to withdraw the mark from its scheduled publication in the Official Gazette.  The USPTO is generally unable to withdraw a mark within the twenty-day period before the scheduled publication date.  See TMEP §§1505 et seq. regarding the processing of amendments filed during this period.